{"id":17818,"date":"2015-06-27T08:25:47","date_gmt":"2015-06-27T13:25:47","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=17818"},"modified":"2015-06-27T08:25:47","modified_gmt":"2015-06-27T13:25:47","slug":"n-d-cal-def-didnt-lose-rep-in-car-by-loaning-it-out","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=17818","title":{"rendered":"N.D.Cal.: Def didn&#8217;t lose REP in car by loaning it out"},"content":{"rendered":"<p>Defendant retained his expectation of privacy in his car even though he loaned it to somebody else. On the totality of circumstances, there was probable cause for a search of the car under the automobile exception. United States v. Williams, 2015 U.S. Dist. LEXIS 81445 (N.D.Cal. June 22, 2015).<\/p>\n<p>The affidavit for arrest warrant became the affidavit for search warrant, and this really wasn\u2019t good form. However, defendant doesn\u2019t argue that the search warrant was bad; it\u2019s the search of his person. Since the search incident would have occurred anyway, inevitable discovery applies, and the discovery of the contraband on his person is not suppressed. <a href=\"http:\/\/www.isc.idaho.gov\/opinions\/42229.pdf\">State v. Rowland<\/a>, 2015 Ida. App. LEXIS 55 (June 24, 2015).*<\/p>\n<p>Despite defendant\u2019s contention that his driving was unsafe because there were no other cars around, he didn\u2019t stay within his lane, and that led to his stop which was justified. <a href=\"http:\/\/www.isc.idaho.gov\/opinions\/42420.pdf\">State v. Rainier<\/a>, 2015 Ida. App. LEXIS 56 (June 24, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant retained his expectation of privacy in his car even though he loaned it to somebody else. On the totality of circumstances, there was probable cause for a search of the car under the automobile exception. United States v. Williams, &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=17818\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[18,35,26],"tags":[],"class_list":["post-17818","post","type-post","status-publish","format-standard","hentry","category-reasonable-expectation-of-privacy","category-reasonable-suspicion","category-search-incident"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17818","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=17818"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17818\/revisions"}],"predecessor-version":[{"id":17819,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17818\/revisions\/17819"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=17818"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=17818"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=17818"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}